By Hinojosa                                     H.B. No. 1240

      75R5057 PEP-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the authority of certain federal peace officers to

 1-3     enforce state law relating to public intoxication and driving while

 1-4     intoxicated.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Article 2.122, Code of Criminal Procedure, is

 1-7     amended by adding Subsection (c) to read as follows:

 1-8           (c)  A customs inspector of the United States Customs Service

 1-9     or a border patrolman or immigration officer of the United States

1-10     Department of Justice is not a peace officer under the laws of this

1-11     state but has the powers of arrest and search and seizure as to an

1-12     offense under Section 49.02 or 49.04, Penal Code, or an offense

1-13     under Section 49.07 or 49.08, Penal Code, committed while the actor

1-14     was operating a motor vehicle.  A customs inspector, border

1-15     patrolman, or immigration officer who arrests or detains a person

1-16     younger than 17 years of age under the authority of this subsection

1-17     shall release or deliver the person as provided by Section 52.02,

1-18     Family Code.

1-19           SECTION 2.  The importance of this legislation and the

1-20     crowded condition of the calendars in both houses create an

1-21     emergency and an imperative public necessity that the

1-22     constitutional rule requiring bills to be read on three several

1-23     days in each house be suspended, and this rule is hereby suspended,

1-24     and that this Act take effect and be in force from and after its

 2-1     passage, and it is so enacted.